Terms and Conditions

The following terms and conditions govern the Services that we offer at the site.

Please read our terms and conditions of use carefully. If you proceed to access and use this site, you are consenting to be bound by these terms and conditions of use, as amended and varied by us from time to time.

1. Generally

These terms and conditions set out what you must do and what you must not do when using the service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please contact us at info@exchangehouse.com.au.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, despite this the remaining terms and conditions will continue in full force.

If you provide us with Personal Information, you may receive from time to time, telephone calls, emails including our email newsletters or direct marketing containing promotional material. You agree to receiving emails and SMS from us including information not only on the areas of interest you have indicated but all types of news and information on our other services and products. If you do not want to receive them, please contact us. You may be asked to indicate your preference to receiving promotional material, when submitting information to us.

This site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated by us to the contrary.

A reference in these terms and conditions to dollars or $ is to Australian dollars.

2. Use of the Service

The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service, unless you are an Agent listing on behalf of a Vendor.

If a government department, government agency or law enforcement agency informs us that there is any information on a property which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that property from the site.

Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the site.

You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.

You will not store, reproduce, modify, transmit, display, perform, distribute, communicate to the public or otherwise make available this service or any of its content in any form for any purpose other than as allowed by these terms and conditions.

You will not attempt to gain unauthorised access to this site or computer systems or networks connected to this site by any means used to circumvent security procedure, including but not limited to by hacking or password or data mining.

You will not use any robot, spider, scraper or other automated means to access this site for any purpose without our express written permission.

You will not use this site in any manner that could damage, disable, overburden or impair it or any service we provide or interfere with any other party’s use and enjoyment of this site.

You will not interfere with or disrupt the operation of this site or its contents.

You will not, except in circumstances where you provided the content into the service in first instance, copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from this website without our prior written permission and the appropriate third party (if applicable).

3. Content

While information provided through this Service is believed to be correct at the time of inclusion, this Service and its contents are provided to you on an "as is" and "as available" basis. The information on this site is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency. You accept that we make no warranties or representations, express or implied, in relation to this site or its contents.

We reserve the right, but are not obligated, to discontinue, change, improve or correct the information on this site and to suspend or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

4. Intellectual Property

This website and its contents are protected by Intellectual Property Rights (including a pending patent) which are and will at all times remain owned, controlled or licensed by or to us and you are not entitled to exercise or benefit from such rights.

Where you provide content to the website, you grant us a non-exclusive, royalty free right to use the content for the purpose of providing the Service and for any related purposes in connection with this agreement.

Where you have provided content to us, you warrant to us that you are the owner or licensee of the Intellectual Property Rights in that content, and are entitled to supply that content to us in accordance with these terms and conditions, and that our use of the content will in no way:

infringe the Intellectual Property Rights of, or be a breach of confidentiality owed to any person; or

breach or cause us to be in breach of any obligation under the Privacy Act.

We permit you to print or download extracts from this website for your personal use only. None of this material may be used, except if you are a Vendor Agent, for any commercial or public use, stored in or transmitted to any other website or distributed in any form without our prior written permission.

5. Vendors

5.1. Your acknowledgements

You acknowledge that;

you have full legal capacity and lawful entitlement to sell your property on our site and use our Services;

you are the registered proprietor of the subject property, acting with the authority of all other joint proprietor(s) or tenant(s) in common;

you are the director of the registered proprietor acting with the approval of the board of directors of the registered proprietor, if the registered proprietor is a corporation within the meaning of section 9 of the Corporations Act 2001;

you are acting pursuant to a legally enforceable power of attorney from the registered proprietor of the subject property which has not been revoked;

you are acting as a trustee of a trust which is the registered proprietor of the legal interest in the subject property, and you are acting in accordance with the relevant trust deed;

you are acting as a mortgagee in possession of the subject property;

you are acting as the executor of or pursuant to a grant of probate in relation to the estate of the registered proprietor which authorises you to sell the subject property;

you are acting pursuant to an order of a Court of a State or Territory in Australia which authorizes you to sell the subject property; or

you are acting as an agent for the registered proprietor of the subject property, pursuant to a written authority that complies with all applicable laws in the State or Territory in which the subject property is situated, including but not limited to laws regarding the sale of real estate by agency.

your Agent is authorised to make all the decisions in, and on your behalf, including without limitation listing the property, setting the reserve price, selecting the opening bid call, revising the reserve price down, editing the listing, delisting and any other functions we may offer;

we are not under any obligation to verify any authorisations you give your Agent; and

we cannot guarantee the continuous or fault-free operation of the website or other services we provide and, without limitation, systems or technological failure or delay may impede or prevent access to the website and other services.

5.2. Your obligations

Your obligations to us are as follows:

At all times whilst your property is listed, you will immediately notify us of any discrepancies you notice or become aware of, with your property or its listing.

5.3. Right of verification

We reserve the right to verify (at our sole discretion):

the availability of properties offered for sale;

the information you provide relating to properties you offer for sale; and

any other information relating to you, the properties you offer for sale or any other aspect of your use of the site.

5.4. Exchange of contracts

If your property successfully sells (i.e. a Winning Bid Amount is achieved) via our online auction, you irrevocably and unconditionally appoint us as a licensed auctioneer to sign and exchange the Contract for Sale of Land in relation to the property on your behalf.

6. Listing Properties

6.1. Your acknowledgements

You acknowledge that at all times:

in consideration for your right to upload listings to the site, you grant us an irrevocable, perpetual, world-wide, royalty free licence to commercialise, copy, licence to other persons, use and adapt for any purpose any content or material you provide to us, and for the avoidance of doubt this licence survives termination by you or us;

we are not under any obligation to monitor the compliance of your listings, however we may take any action we deem appropriate in relation to your listings if we consider there has been a breach, including removing listings from the site;

you are solely responsible for the content your listings and any errors or omissions in your listings - we take no responsibility whatsoever for your listings;

if you successfully sell the property via online auction, you agree to us exchanging the sale of land contract on your behalf; and

we cannot guarantee the continuous or fault-free operation of the website or other services we provide you and, without limitation, systems or technological failure or delay may impede or prevent access to the website and other services.

6.2. Your obligations

Your obligations to us are as follows:

at all times whilst the property is listed, you have full authority to make all the decisions our Service allows you to make;

you will comply with any directions we give to in relation to your listings, including amending or updating listings;

where you provide us with Personal Information of any individual, you must inform that individual that their Personal Information will be used and disclosed by us in accordance with our privacy policy;

you will ensure that your listings are not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of any Intellectual Property Rights or any law or would otherwise expose us to any liability, legal proceedings or other sanction; and

you will ensure that your username and password for accessing the Service is kept secure at all times and is only disclosed to authorised persons. However you are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise), without limitation.

6.3. Subscription and Listing Fees

You are responsible for ensuring that your subscription is current in order to access and use the service provided by the site.

Once paid, all fees are non refundable

6.4. Services

Some of the services will be provided to you directly by us and other services will be provided to you by third party merchants.

Services provided by us

Where you feel you have a dispute with us in relation to any service, you should notify us within 10 business days of first becoming aware of the problem. To notify us you should send us an email or via telephone. If you contact us by telephone we will require you to send to us complete details of your dispute in writing.

You agree that you will not make any claim against us for a credit, re-publication, re-work or any other remedy unless you notify us in writing no later than 10 business days after the date of the tax invoice or date of work or publication of the relevant content (whichever is the earlier). You accept that we are unable to progress resolution of any dispute without the details of the dispute being provided to us in writing. We reserve the right to request more information from you or any other party in the dispute in relation to your dispute. We will endeavour to resolve your dispute during normal business hours (9am to 5pm, Monday to Friday, excluding any public holiday in Australia) as quickly as we reasonably can and you acknowledge that if you do not notify us with 10 business days of you first becoming aware of the problem that our ability to deal with your dispute quickly or at all will be potentially compromised. In the event that we resolve your dispute in your favour, the extent of any liability we may have will be limited at the discretion of us to any amount(s) you have paid to us for the use of the our site and services in relation to the specific dispute. In this regard you acknowledge the provisions of our terms and conditions relating to “limitation of liability”.

Services provided by Third Party Merchants

Where you feel you have a dispute with any third party Merchant, you should notify us within 10 business days of first becoming aware of the problem. To notify us you should send us an email or via telephone. If you contact us by telephone we will require you to send to us complete details of your dispute in writing

While we may, at our sole discretion, attempt to assist you in the resolution of any legitimate dispute you feel you have with any third party Merchant, you acknowledge that we have no obligation of any kind whether legal or otherwise to you, the Merchant or any other party in this regard.

6.5. Notices

You must provide to us, both your email and mailing address for the purposes of contacting you in relation to notices and for purposes relating to these terms and conditions.

We will send all notices and other communications to you at the email address and/or address you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and office address.

7. Online Only Auctions

7.1. Your acknowledgements

You acknowledge that:

the auction is conducted online and where applicable and at the discretion of us the auction will be conducted in accordance with the NSW Prescribed Conditions of Sale for real property auctions in the State of New South Wales;

by bidding at the online auction, you acknowledge that you have read and understood the Bidders Guide, the Prescribed Conditions of Sale by Auction and all other requirements of you in relation to the online auction;

you have had an opportunity to seek legal advice in relation to the sale of land contract and any Special Conditions relevant to the property you are bidding on and by submitting bids in relation to the property you are confirming that you wish to purchase the property in its current 'as is' condition and in accordance with the terms set out in the sale of land contract and any Special Conditions on the site for the property;

you understand that your obligations in relation to the sale of land contract are governed by the laws and regulations regarding the purchase of land and buildings that apply in the State where the property is located, and you agree to be bound to and comply with those laws and regulations;

if you are the successful Bidder, you agree to us exchanging the sale of land contract on your behalf;

you understand that there are no 'cooling off' provisions under any State laws that apply to property auction contracts, including the sale of land contract arising from an online auction, and that you will be bound to complete the sale of land contract as exchanged by us on your behalf, if you are the Winning Bidder; and

that the Service is supplied over communication links and other networks and we rely on the availability of those links and networks. We will use commercially reasonable steps to make sure that those links and networks are available, but makes no warranty that the Service will be continually available and we exclude all liability for loss or damage if the Service cannot be provided because of the unavailability of the links or networks.

7.2. Your obligations

You will be solely responsible for your participation as a Bidder and any bids you make.

When you place a bid on a property, you are committing to buy that property at your bid price. If you are the Winning Bidder, you must purchase the property.

Please take care when making a bid as once your bid is placed, it cannot be withdrawn.

By making a bid, you warrant and represent that you have the legal right to complete the Contract for Sale of Land for the property.

It is your responsibility to read all the Property Information (and attachments), Bidders Guide and Auction Rules relating to the property auction on the site. Please do not rely solely on the address in title, or any photographs of the property posted on the site for a complete description of the property. You must not assume that the description or photograph of the property in any way offers an opinion or an assessment of the property. If a photograph is provided, please use it as a guide only.

You must not engage in bid manipulation.

7.3. Exchange of Contracts

If you are the Winning Bidder you irrevocably and unconditionally appoint us as a licensed auctioneer to sign and exchange the Contract for Sale of Land in relation to the property on your behalf.

7.4. Joining Site

You must join us first to use various Services of the site. Joining is free and does not oblige you to bid on a property.

You must not use false or misleading information when joining or using the site. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.

When you join, you must determine your user name, email and password. You must have a valid email (or "login") and password before you can register to bid on any properties on the site. You are responsible for the security of your user name, email and password. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase a property, which may result from use of your email and password. You must notify us immediately if you become aware of any unauthorised use of your user name, email or password or of any other security breach.

Joining the site allows us to alert you by e-mail of:

the status of an auction;

newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications; and

requests to participate in customer feedback.

However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such alerts.

7.5. Eligibility to Bid

You must be able to form legally binding contracts to bid. Further you cannot register to bid if you:

are under 18 years of age;

not an Australian Citizen (because we cannot sufficiently verify your identity online);

an undischarged bankrupt; or

under any type of insolvency administration, where you are a company.

7.6. Registration to bid process

You must first register to bid on a property, in order to place a bid on that property. To register you must;

provide details of the solicitor/conveyancer who will represent you in the event you successfully purchase the property; and

pay a bidders bond.

7.7. Your bidders bond

If you are the Winning Bidder on a property, we will refund your bidders bond once we receive confirmation that you have paid the required deposit. If you are not the Winning Bidder on a property, at completion of the auction for that property we will refund your bidders bond to the account it originally came from.

7.8. Placing a Bid

Once you register to bid, you will be permitted to place bids on a property once bidding commences. For additional security, you are required to enter a unique SMS code sent to your mobile phone, before your bid is placed against the property. Your bid will not be placed against the property without input of this security code. We accept no responsibility or liability in the event you do not receive this SMS code in satisfactory time.

7.9. Your Personal Information

You are solely responsible for your Personal Information. However, we may deal with your Personal Information if we deem it necessary or appropriate for example; if we believe your Personal Information may create any liability for us. In dealing with your Personal Information, we will always act reasonably.

You must ensure that your Personal Information:

is true, accurate and complete; and

is not false or misleading.

You must not do or allow to be done, anything involving the Service which:

may be contrary to any applicable law, including the Privacy Act or industry code of practice, or

is prohibited by these terms and conditions.

You must at all times comply with the Privacy Act and any additional privacy laws or regulations by which you are bound, or which we notify you that we are bound, as if you were bound by it and comply with our reasonable instructions to enable this to be achieved.

8. Online Auction Process

A property auction will start at the specified date and time

Any bid:

must first meet the opening bid call; or

must at least meet the minimum next bid nominated (if the opening bid call has already been met).

A bid is binding while the timer counts down.

During this countdown such a bid may be outbid.

If a bid is not outbid;

i. the bid will lapse and unbind the Bidder if it is less than the reserve; or

ii. bind the Bidder to purchase the property if the bid is equal to or greater than the reserve.

The auction ends when the countdown timer expires.

We have discretion to close a property auction at any time including, without limitation, where:

there is or we suspect there may be, fraudulent or dummy bidding;

there is a processing error;

there is a technological error or site failure; or

there are issues with the property.

When an auction in which you have bid closes and you are the Winning Bidder, we intend to notify you by e-mail and SMS. This notice will include:

notification that you are the Winning Bidder and of the amount of the Winning Bid Amount; and

an instruction to contact your solicitor or conveyancer.

Within 48 hours of the auction closing and a Winning Bidder being determined, we will sign and exchange the Contract for Sale of Land for the property. The inclusion of any Special Conditions in the sale of the property is to be determined solely as between the parties in accordance with clause 9.

9. Contract of Sale

The parties acknowledge that in accordance with these terms and conditions the Vendor and the Bidder have each provided us as a licensed auctioneer with authority to sign the Contract for Sale of Land in relation to the property.

The parties may also enter into Special Conditions in relation to the property. If the parties adopt the Special Conditions those Special Conditions form part of the agreement between the Vendor and the Winning Bidder in relation to the sale of the property.

You acknowledge that:

the responsibility of agreeing and negotiating the terms of any Special Conditions are solely the responsibility of the Vendor and the Bidder;

other than providing the form of the Special Conditions through a link on the site, we will have no dealings with the Special Conditions for a property sale as it is a confidential matter between the Vendor and Bidder; and

we have only provided the form of the Special Conditions on the site to facilitate an option for the Vendor and Bidders to have special conditions in the sale of the property and the parties are not obligated to agree or negotiate any special conditions.

10. Reserve Price

a. Every property auction will have a reserve price approved by the Vendor. This is the minimum price that the Vendor is legally bound to sell the property for if bidding reaches it.

At no point during the auction is the reserve price disclosed, or indicated whether it has been reached.

The Vendor has the right to adjust their reserve price at any point in time during the auction. This has the affect of the Vendor being able to accept any bid that may be placed.

11. Processing and technological errors

If there are errors in processing and/or site downtime or any other errors or delays caused to the site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:

retract any Winning Bidder's email which may have been sent out to Bidders prior to or following (as the case may be) the conclusion of an auction;

amend at any time prior to or during an online auction, the "opening bid call” allocated to a property, but only so as to correct any errors due to processing or technological fault; and/or

cancel that entire auction transaction and conduct the auction again.

12. Time

When bidding on online auctions the time is always approximately equal to Australian Eastern Standard Time (AEST or AEDT as applicable).

13. Suspension from use of service

We may refuse you the right to use the Service if you:

give information which is untrue, inaccurate or incomplete; or

have engaged in any form of bid manipulation or dummy bidding. In those circumstances you will be permanently terminated from the Service.We may at our discretion suspend, cancel or terminate your access to the Service for any reason including, without limitation, if you breach or fail to observe these terms and condition. We will exercise our discretion reasonably. If we suspend your access to the Service, you may not join us again.

14. False or Misleading Conduct

It is illegal to use a false name to use the Service or to register to bid with an invalid or stolen credit card, even if our software initially accepts it. We intend to refer fraudulent users to the police and to your Internet Service Provider.

You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.

15. Our rights upon breach by you

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account (including any of your current auctions, bids and any other information you place on the site) if you breach the terms and conditions or if we are unable to verify or authenticate any information you provide to us.

Under the Australian Consumer Law, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services. Nothing in these terms and conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.

16. Liability and indemnities

16.1. Our liability to you

We are not responsible for any loss, liability or damage incurred by you as a result of bids or offers not received, processed or accepted due to technical difficulties. We provide the site and the Service without any express or implied warranty or condition concerning the capacity or availability of the site or the Service.

We are not liable for any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any property.

We do not guarantee continuous, uninterrupted or secure access to the service. Operation of the site may be restricted by factors outside of our control or during maintenance.

You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and bids may not be processed or accepted.

We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the site.

We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

Subject only to the Australian Consumer Law, if a term, condition or warranty is implied by law into contracts for the sale of services (implied term) and, by law, cannot be excluded but can be limited, we limit our liability to you for breach of that implied term to (at our election) the re-supply of the Services, or payment of the cost of re-supplying the Services.

16.2. Your indemnities to us

To the extent permitted by law and without prejudice to any of your rights under Australian Consumer Law:

you waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service;

you agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the terms and conditions including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis;

you further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the terms and conditions by you; and

you indemnify us for any infringement by you, or other user of the Service using your user name and password, of any Intellectual Property Rights or other rights of any person or entity.

17. Customer support

We may from time to time provide assistance and guidance through our employees. If we feel that your behaviour towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to and use of our site and you will not be entitled to any refund.

18. National Credit Code Excluded

You acknowledge that:

you are not an associate or related body corporate or related party or related entity of ours (as such terms are defined in the Corporations Act 2001 (Cth)); and

the National Credit Code does not apply to these terms and conditions.

19. Insolvency event

If, at any time:

you believe that you may be unable to perform or comply with your obligations under these terms and conditions;

you are or become insolvent or you have an administrator appointed; or

there is a change or a change is proposed to your shareholding, shareholders or directors,

you agree that:

you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists; and

we have no obligation to you and will terminate your membership status while a notifiable event exists.

For the purpose of these terms and conditions, you are insolvent if:

a receiver or receiver and manager or an agent for a mortgagee in possession has been appointed over all of your assets and undertakings;

you have passed an effective resolution for your voluntary winding-up;

an order has been made by a Court of competent jurisdiction for you to be wound up;

a compromise arrangement (excluding a voluntary administration) has been made legally binding on you and your creditors;

you have presented a debtor’s petition and it has been accepted by the Registrar in Bankruptcy;

you have entered into a composition, deed of assignment or deed of arrangement under Part X – Personal Insolvency Agreements, of the Bankruptcy Act 1966 (Cth) (or equivalent) with your creditors; or

a legally binding sequestration order has been made against your estate.

20. Privacy

Our Privacy Policy (as it appears from time to time) is available at www.exchangehouse.com.au. We will take all reasonable steps to abide by this policy and you agree to abide by the policy when using this site.

If you do not agree to the collection of this information and the other information specified in the Privacy Policy, then you may not use the site. Our Privacy Policy can be accessed by clicking here. Privacy Policy

21. Identity verification

By accepting these terms and conditions you give consent for us to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). The credit reporting agency may prepare and provide us with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. If you disagree with having your identity verified by a credit reporting agency, please contact us so that we can discuss other options with you.

22. GST

22.1. Definitions

In this clause:

GST means any form of goods and services tax payable under the GST Legislation;

GST Legislation means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Taxable Supply has the meaning given to the term “taxable supply” in the GST Legislation; and

terms that are not defined in these terms and conditions but are defined in the GST Legislation have the meaning given to them in the GST Legislation.

22.2. Consideration is GST-exclusive

Unless otherwise specified, all amounts payable under these terms and conditions are exclusive of GST and must be calculated without regard to GST.

22.3. GST payable on taxable supply

If a supply made under these terms and conditions is a Taxable Supply, the recipient of that Taxable Supply (Recipient) must, in addition to any other consideration pay to the party making the Taxable Supply (Supplier) the amount of GST in respect of the supply.

The Recipient will only be required to pay an amount of GST to the Supplier if and when the Supplier provides a valid tax invoice to the Recipient in respect of the Taxable Supply.

If there is an adjustment to a Taxable Supply made under these terms and conditions then the Supplier must provide an adjustment note to the Recipient.

The amount of a party’s entitlement under these terms and conditions to recovery or compensation for any of its costs, expenses or liabilities is reduced by the input tax credits to which that party is entitled in respect of those costs, expenses or liabilities.

23. Governing Law

These terms and conditions are governed by and will be construed according to the law of New South Wales and are subject to the jurisdiction of the courts of New South Wales.

24. Definitions and interpretation

Agent means the real estate agent engaged by either the Vendor or the Bidder to assist in the use of the Service,

Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth).

Bidder means a person or entity who makes an online bid on a property listed with the Service.

Business Day means any day that is not a Saturday, Sunday, gazetted public holiday or bank holiday in New South Wales, and concludes at 5 pm on that day.

Contract for Sale of Land means the standard form contract for the sale of land prepared by the Law Society of News South Wales and the Real Estate Institute of New South Wales or any other Australian State or Territory equivalent, a copy of which will be made available on the site for each listing.

Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.